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Mediation & Arbitration

JB Solicitors Has Extensive Experience In Both The Mediation And Arbitration Processes

Our Sydney family lawyers can facilitate practical discussions between parties to resolve property and parenting disputes. As expert Arbitrators, we provide arbitration services to client’s seeking to make binding determinations in property disputes.

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What Is Mediation?

Mediation is a process that is facilitated by an accredited mediator who acts as an impartial and neutral third party. The mediator assists participants reach an agreement in a safe and respectful environment. In addition, the mediator will identify the issues, develop options, and consider alternative solutions to resolve the matter without involving the Family Court or Federal Circuit Court.

Legal representation is permitted (and encouraged) at mediation as a solicitor can advise and assist their client throughout the process, including all preparation work and at the pre-mediation conference.

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Benefits Of Mediation

Increased control, flexibility, and convenience
  • Parties can control the overall process, whilst the Court proceedings are generally more rigid.
  • Parties can agree on where and when they wish to have the mediation; therefore, it will conveniently adapt to their needs.
  • Mediation is highly flexible and more informal compared to Court proceedings to accommodate the respective parties' needs.
  • Parties can jointly select an independent mediator and negotiate and agree on the fees for engaging the mediator’s service.
Reduction in delays and costs
  • Due to the Court experiencing significant backlogs, parties waiting to have their matter heard before the Court will incur expenses, such as costs for retaining legal representation.
  • The mediation process can be tailored to each circumstance so that unrelated costs are avoided.
  • Parties can schedule their mediation date and location, affording more certainty to the parties. On the other hand, the Court may decide to adjourn the matter to a later date, resulting in more delays.
Confidential process
  • Mediation is a confidential process. Therefore, all discussions that occur and documentation exchanged during the mediation must remain between the parties, their legal representatives and the mediator.
  • Parties are generally restrained from using the information obtained at the mediation for their advantage; however, there are exceptions in specific circumstances.
Supports Positive Relationships
  • Mediation provides parties with the opportunity to resolve the matter amicably, thereby increasing the prospects of a positive relationship between the parties. This is particularly important where there are minor children involved.

Is Mediation Right For Your Family Law Matter?

Mediation can assist in resolving a broad range of family law-related disputes, including:

  • Property/financial settlement disputes
  • Parenting disputes
  • Spousal maintenance
  • Interim property matters
  • Child support issues
  • Contravention/breaches of existing orders
  • Issues related to the implementation of orders
  • Disagreements over issues relating to parental responsibilities such as passports and overseas travel involving children, school enrolment, and medical issues relating to a child.
  • Can commence mediation at any point in the dispute, even if Court proceedings are already in progress.

What Is Arbitration ?

Arbitration is a non-judicial process in which an Arbitrator will make a binding determination to resolve a dispute between parties. The outcome reached by the arbitrator will be based on arguments and evidence presented by the parties involved. An expert may attend to provide proof, and parties may have lawyers representing them.

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  • Parties can control the overall process, whilst the process for Court proceedings is generally more rigid. For instance:
    – Parties can mutually agree on a date and location for the Family
  • Arbitration hearing. On the other hand, Court proceedings will have a date assigned where the parties must attend the Family Court.
  • Family Arbitration is highly flexible as the level of formality in Court proceedings can be minimised in Family Arbitration so that the process can be designed to accommodate the needs of the respective parties.
  • Parties can determine where and when they wish to have the Family Arbitration hearing occur. Therefore it conveniently suits their priorities.
  • Parties can jointly select an independent arbitrator in whom they are confident will neutrally perform their functions. Additionally, they can negotiate and agree to the fees for employing their services.
  • The Family Courts are at maximum capacity and prioritise parenting matters over property matters. However, the significant backlog of unresolved disputes has resulted in excessive delays, with approximate wait times of two years for a final hearing date.
  • During the wait times, parties will continue to incur expenses, such as money spent to retain legal representation.
  • As parties control the arbitration process, they can design a strategy tailored to their circumstances to avoid any unrelated costs.
  • By scheduling their timetable, parties can avoid unnecessary Court processing delays and be confident that the arbitration will occur at the agreed date and location.
  • The combination of these factors results in parties achieving a prompt resolution.
  • Family Arbitration is a confidential process between the parties involved as it is not open to the public like Court proceedings.
  • Arbitrators are also obligated to take an oath that bars them from disclosing communication or information they have received in performing their functions as arbitrators.
  • The Family Courts are at maximum capacity and prioritise parenting matters over property matters. However, the significant backlog of unresolved disputes has resulted in excessive delays, with approximate wait times of two years for a final hearing date.
  • During the wait times, parties will continue to incur expenses, such as money spent to retain legal representation.
  • As parties control the arbitration process, they can design a strategy tailored to their circumstances to avoid any unrelated costs.
  • By scheduling their timetable, parties can avoid unnecessary Court processing delays and be confident that the arbitration will occur at the agreed date and location.
  • The combination of these factors results in parties achieving a prompt resolution.

 

  • Valuation of the property will remain current during the Family Arbitration hearing due to the efficiency of having it heard before an arbitrator.
  • Expenses about updating any material regarding the value of the property are avoided.
  • The arbitrator does not have to decide upon the entire matter and can instead isolate independent property Family Law issues to make a determination on.
  • For example, determining the value of an asset so that if the matter continues to the Family Court, there is no time wasted disputing this fact.

Our Mediation & Arbitration Team

JB Solicitors has a leading team of Sydney family lawyers who have amassed extensive knowledge and expertise in Family Law.

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Our Family Law Division is led by John Bui, an Accredited Arbitrator who can offer professional Arbitration services in all family-related property matters. He is the Solicitor Director of the firm and is accredited through the Australian Institute of Family Law Arbitrators and Mediators.

He has been recognised by the NSW Law Society Journal and was only one of ten lawyers across Australia to have been nominated for the 2018 Lawyer’s Weekly 30 Under 30 award for his outstanding work in the area of Family Law.

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We Provide Fixed-Fee Pricing On Our Mediation Service And Also Offer Fixed-Fee Pricing For Our Arbitration Services.

JB Solicitors is highly experienced in handling all types of family law matters, which is why you can be confident that our professional arbitration service will achieve the fairest outcome for all parties involved.

We aim to provide an unparalleled level of arbitration service, ensuring that a professional standard is achieved so that we can exceed all your expectations.

If you would like to engage JB Solicitors’ mediation or arbitration services or wish to learn more, please do not hesitate to contact us on:

1300 287 911
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